Question

1. You are a paralegal in a law firm that represents a real estate developer. The developer has obtained a necessary driveway easement to her property. After the easement was obtained, it was discovered that the property over which the driveway is located had been earlier pledged as security for a debt to the First Bank and Trust. It also has been discovered that the First Bank and Trust debt is in default and that the First Bank and Trust is having a public auction of the property to pay the debt. Should the real estate developer be concerned? If so, what steps can be taken to protect the developer?

2. Aaron owns two lots of real property, Lot 1 and Lot 2. Lot 1 is located next to a public right-of-way, but Lot 2 is landlocked from the public lot right-of-way by Lot 1. Aaron conveys Lot 2 to Bob with a deed, making no reference to any rights-of-way or any other kinds of easement benefiting Lot 2. Bob then sells Lot 2 to Carol. Carol claims against Aaron that she has a right-of- way easement over Lot 1 for the purposes of providing access from the public street to Lot 2. Does Carol have a valid claim?

3.3. David has a driveway easement over Carol’s property. By the terms of the easement, the driveway easement expired six months ago. David continues to use the driveway easement. Can Carol sue David for trespass?

4. A farmer friend of Bill’s gives him oral permission to fish in a pond located on his farm. Bill fishes in the pond for several years. The farmer sells the farm. The new owner sees Bill fishing and asks him to leave. The new owner tells Bill that he cannot fish in the pond. Does Bill have some legal right to continue fishing in the pond? If Bill does try to fish in the pond, can the new owner sue him for trespass? Explain your answers.